Opinion
19 CIVIL 5430 (GBD)(OTW)
09-30-2022
JUDGMENT
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Decision and Order dated September 29, 2022, the Court adopts the Report & Recommendation to the extent it dismisses the Complaint. The Commissioner's motion to dismiss is GRANTED. The Complaint, however, is dismissed pursuant to Rule 12(b)(6) and not Rule 12(b)(1); accordingly, the case is closed.